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Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Tax Law and Agricultural Law for Texas on
Q: My mother just passed and she was 1/4 owner of 640 acres give or take. I was informed today that the other current

Parties want to sell. Since my brother and I inherited my mothers party what should we be asking

Isaac Shutt
Isaac Shutt answered on Sep 23, 2021

You should definitely meet with a probate lawyer. You will want some sort of official legal documentation to show that you now hold title to your mother's portion of the property. Plus, you want an attorney to make sure you're getting your fair share. Contact a probate attorney to see... Read more »

2 Answers | Asked in Estate Planning for Arizona on
Q: With a trust is the trustor sappose to intial every page, then the signature w/ notary on last page?
Andre L. Pennington
Andre L. Pennington answered on Sep 23, 2021

While it can be done like this, it is not uncommon to see Trusts that do not have initials on every page.

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3 Answers | Asked in Estate Planning for California on
Q: My brother recently died, him and his wife have been separated for about a year now, is she entitled to everything?

There is no will. She started the divorce paperwork but didn't finalize anything. Is she entitled to everything.

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Sep 23, 2021

Probably she gets everything if there is no divorce and no Will or Trust that says differently.

If they are divorced then she gets nothing.

If they have children then they get a share.

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2 Answers | Asked in Estate Planning and Probate for California on
Q: W hat to do when my mother has passed away and father has not given me a copy of the trust

My mother and father set up a trust my mother passed away of cancer in May of 2020 starting it was irrevocable but as of today my brother and I have not received a copy of the trust since then my father has remarried in June of 2021 and have no idea of how to go about getting a copy from him... Read more »

Howard E. Kane
Howard E. Kane answered on Sep 22, 2021

I'm sorry to hear about your mom. You shouldn't feel bad about asking your dad for a copy of the Trust document since you are clearly entitled to a copy. Under California law (Probate Code section 16061.7) every Trust beneficiary, and every heir-at-law of the decedent, is entitled to... Read more »

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1 Answer | Asked in Arbitration / Mediation Law and Estate Planning for Wisconsin on
Q: Our family cabin has 6 owners listed as tenants in common. One of the owners changed the locks and will not give keys.

What legal right do they have to do this and what are the other owners rights for seeking entry into their own property?

Nina Whitehurst
Nina Whitehurst answered on Sep 22, 2021

A co-owner does not have the right to exclude another co-owner. You can take the owner that locked you out to court for a variety of remedies but probably the best remedy in the long run would be for you to obtain a court order to force the sale of the property and then split the proceeds. If you... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: I recently moved to TN from GA, do I have to update Will, POA, Health Care Directive, Living Will?
Nina Whitehurst
Nina Whitehurst answered on Sep 22, 2021

There no law that requires you to update any of your estate planning documents when you move from one state to another, but it is always a good idea to at least have them reviewed by an estate planning attorney in the state to which you have moved.

3 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for New York on
Q: My mother (90) owns her home in Huntington. She would like to add her 2 daughters to the title. What is the process?

Can we do this by completing a form or do we need to get a lawyer? Can we file electronically? I live in Maryland, but her house is in New York. Thank you.

Elaine Shay
Elaine Shay answered on Sep 22, 2021

In order to add additional parties to title, a new deed must be executed. Unfortunately, technology advances, such as esignatures have moved forward faster than our legal system has adapted. Therefore, it is necessary to executed wet ink copies of the deed and accompanying transfer documents that... Read more »

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1 Answer | Asked in Estate Planning for New York on
Q: How do I know if a lawyer is mishandling an estate case? Person passed away in 2015, still not settled.

My great Aunt passed away July 2015. The first issue was that her lawyer lived in CT, while she lived in NYC (Stuyvesant Town). So per NY law, the CT lawyer arranged for a NY lawyer to handle the estate. However, before they could go over all the details, the CT lawyer passed away suddenly in Dec... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 21, 2021

Yes. This is a long time. You should bring a proceeding for an accounting and to compel distribution.

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Communications Law for Virginia on
Q: Can my father's living siblings & children successfully fight for the right to properly bury my father who has no will.

My father is born and raised in Danville, VA. He remarried to make his oldest daughter a legal citizen which wasn't completed. His baby mother has refused to allow us to have his body for our funeral & burial. They expect our entire family to drive 8 hours to visit my father, plus they are... Read more »

Benjamin Inman
Benjamin Inman answered on Sep 21, 2021

Im sorry that you lost your father. Losing a parent at any age can be extremely difficult.

I dont think there is enough information in your question to give you an answer. My best guess from reading between the lines here is that your father died outside of Virginia in a state where he was...
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1 Answer | Asked in Estate Planning for Florida on
Q: My father passed and left no will, and a surprise to us half sibling

My half sister (both adults) and I are the beneficiaries on many accounts, but there are several that had none. He also had a home that I lived (and still live in) with a mortgage. I have been paying for the upkeep of the home since he passed. We found out that we have a minor half brother after he... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Sep 21, 2021

If the terms of the court order required that Proof of an insurance policy is required to be produced by your father, and was not produced, then the Estate may argue that the mother of your minor half brother waived her rights because of her failure to act and her continued failure to act to bring... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Texas on
Q: What type of lawyer handles house assets after Mother dies amongst siblings

My Mother died her home was owned by her & 1 sibling. Does my Mother part that she holds into the home goes to her living children?

She does not have a living will

Isaac Shutt
Isaac Shutt answered on Sep 21, 2021

Yes. If she has no spouse and no will, then everything goes to her descendants. That would include her living children and also the children of any deceased child.

3 Answers | Asked in Estate Planning for California on
Q: I created a trust and put my assets in it (mutual funds) when I went to prison.

I'm out. And I would like to close or end or dissolve the trust, basically my buddy does not want to manage the trust now that I am out. What steps do I need to take. The trust was formed in CA.

James Edward Berge
James Edward Berge answered on Sep 20, 2021

If you want to terminate (revoke) the trust, just sign a simple letter to the trustee which says you hereby revoke the trust and to return all trust property to your management and control. If you want to keep the trust and simply change the trustee of the trust (from your buddy to you), again, a... Read more »

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2 Answers | Asked in Estate Planning for California on
Q: Can I allocate my trust benefits to another sibling?

I want to give my benefits to another sibling without receiving distribution. Can I sign it over by filling out an alternate payee or similar form with estate attorney?

Nina Whitehurst
Nina Whitehurst answered on Sep 20, 2021

The easiest way for you to accomplish your goal would be to just accept distributions and then gift like amounts to your sibling. Be sure to talk with your tax advisor first about the gift tax consequences and talk to your attorney about the Medicaid penalty consequences.

Even if you were...
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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: My mother passed away my younger sister is executor. Dod she have the right to take mom's car? Divide everything.

My baby brother needs a vehicle. He asked my sister about moms car. And she said $1000. Is this correct.

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Sep 19, 2021

Your sister must follow the will. If there is no Will, then the court will have to appoint an Administrator to handle the estate. The court will appoint whomever the majority of heirs selects to be administrator.

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1 Answer | Asked in Estate Planning and Probate for Arizona on
Q: Is my share worth the market value of the property in 2021 or the market value at the time of his death in 2011?

I inherited my father’s share of a home that is titled “Tenancy in Common”. The other owner is his 2nd wife of 35 yrs. In his will, she has a life estate of my father’s share. My father passed 10 yrs ago. His will has not been probated; 50% of title is still in his name. The wife is... Read more »

Ilene L McCauley
Ilene L McCauley answered on Sep 17, 2021

I am sorry for the loss of your father and all of these challenges.

Unfortunately I cannot answer your question about value of your interest, without reviewing your father's will, and without additional information. I strongly urge you to find an attorney in the county in which the...
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2 Answers | Asked in Estate Planning and Probate for Ohio on
Q: Sole owner of home passes away without a will. Daughter and son-in-law have lived there for 5 years. Whats next

The mother paid mortgage, son-in-law and daughter paid all utilities, maintained home while also giving her care. What rights does daughter have? Daughter does have a brother who lives elsewhere

Andrew Popp
Andrew Popp answered on Sep 16, 2021

Unless the home was in a Trust, or there was a transfer on death beneficiary for the residence, it will have to go through probate. The heirs at law will be the ones to inherit the home. See Section 2105.06 of the Ohio Revised Code for breakdown. (link below). If someone else gets the home some... Read more »

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2 Answers | Asked in Estate Planning for Maryland on
Q: Do you need an appraiser if the only thing in the estate is a bank account with US dollars?
Mark Oakley
Mark Oakley answered on Sep 16, 2021

No. The bank balance is the dollar value, obviously. An appraisal is for real estate or valuable items of personal property such as cars, boats, high end jewelry, expensive artwork, etc.

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1 Answer | Asked in Estate Planning for Maryland on
Q: Which court in A. A. County , Maryland handles reassignment of a deceased Trustee for a Non Grantor, Irrevocable Trust?

As Principal Beneficiary and the person who established the Trust, I need to assign a new Trustee. The original Trustee passed away a couple of years ago ( I have the death certificate) and I am unable to aquire any reports regarding the financial status of my trust from the financial institution.... Read more »

Mark Oakley
Mark Oakley answered on Sep 15, 2021

A lawyer would need to review the successor trustee and appointment provisions of the trust to properly advise you. You should not need a court proceeding at all. The "any interested person" default language is likely there in the event the person identified as having the power to... Read more »

1 Answer | Asked in Estate Planning and Probate for Ohio on
Q: I went to probate and got a motion to release info signed by judge. Bank wouldn’t take it and said acc under

Legal investigation Can they do that. And what do I do now

Matthew Williams
Matthew Williams answered on Sep 14, 2021

You could file a motion to show cause why they bank should not be held in contempt for violating the court order.

1 Answer | Asked in Estate Planning for Ohio on
Q: My husband said if he passes with no will, I only receive 1/3 of the estate etc? Why would this be?

My husband is the only name listed on the deed for our property. He has 2 children, never was married to their mother, the mother has had custody of them, they've lived out of state about half of their minor lives, they are both over 18 at this point and have had 0 contact with him for many... Read more »

Aaron Epling
Aaron Epling answered on Sep 14, 2021

If that's not what he wants, then you need to get this done ASAP. Each issue you bring up can be quickly resolved.

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